South Carolina General Assembly
117th Session, 2007-2008
Journal of the Senate

Tuesday, February 27, 2007
(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Friends, join me as we hear God's Word from Proverbs, Chapter 3, reportedly the favorite Bible passage of the late President Gerald Ford:

"Trust in the Lord with all your heart and lean not on your own understanding.

In all your ways acknowledge him, and he will make your paths straight." (Proverbs 3:5-6)

Let us pray:

Holy Lord, the temptations to trust in the ways of the world are ever so great. Seductively are we called to by all sorts of tempters: to take shortcuts, to focus solely upon life's "haves" while we ignore the needs of the "have-nots," to compromise when we know we should not do so. O God, control and ultimately still those temptations to take the easy way. Give each one of these leaders the courage-and the faith-to trust You above all else. And then lead us together down those straight paths, those directions which ultimately benefit the people of this great State. In Your name we pray, O Lord.
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Local Appointments

Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

At 12:24 P.M., Senator MATTHEWS requested a leave of absence for Wednesday, February 28, 2007, and Thursday, March 1, 2007.

S. 352--CO-SPONSOR ADDED

S. 352 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-255 SO AS TO ESTABLISH TRAINING AND CERTIFICATION REQUIREMENTS FOR FOOD SERVICE SUPERVISORS OF DIETARY SERVICES IN HOSPITALS AND NURSING HOMES.

On motion of Senator SCOTT, with unanimous consent, the name of Senator SCOTT was added as a co-sponsor of S. 352.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 488 (Word version) -- Senators Ryberg and Anderson: A BILL TO PROVIDE THAT THE STATE SHALL FOREGO ANY COMMISSION OR OTHER SOURCE OF REVENUE DERIVED FROM THE PLACEMENT OF PAY TELEPHONES IN INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF JUVENILE JUSTICE FOR THE USE OF INMATES AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ENSURE THAT THE TELEPHONE RATES CHARGED FOR THE USE OF THESE PAY PHONES REASONABLY REFLECT THIS FOREGONE STATE REVENUE.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 489 (Word version) -- Senators Campsen, Gregory, McGill, Williams and Grooms: A BILL TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF BIRDS, ANIMALS, AND FISH, SO AS TO ADD SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1705, AS AMENDED, RELATING TO CATCH LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE CATCH LIMITS FOR OTHER SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE SIZE LIMITS FOR OTHER SALTWATER GAMEFISH AND DELETE PROVISIONS PERTAINING TO THE MANNER IN WHICH BLACK SEABASS MUST BE SOLD; AND TO REPEAL SECTION 50-5-1711 RELATING TO LIMITS ON TAKING, POSSESSING, OR SELLING DOLPHINS AND MAHIMAHI AND THE HARVEST, POSSESSION, OR SALE OF SARGASSUM, AND TO PROVIDE PENALTIES.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 490 (Word version) -- Senators McConnell, Martin, Peeler, Leventis, Ryberg and Knotts: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES IN STATE-INITIATED ACTIONS, SO AS TO LIMIT THE FEE TO A REASONABLE HOURLY RATE.
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Read the first time and referred to the Committee on Judiciary.

S. 491 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-2-10, AS AMENDED, SECTION 40-2-90, SECTION 40-2-340, AS AMENDED, AND ARTICLE 3, CHAPTER 2, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ACCOUNTANTS, INCLUDING ACCOUNTING PRACTITIONERS, SO AS TO CHANGE THE TERM "ACCOUNTING PRACTITIONER" TO "LICENSED ACCOUNTANT" AND TO REQUIRE A LICENSED ACCOUNTANT TO PASS AN EXAMINATION OFFERED BY THE ACCREDITATION COUNCIL FOR ACCOUNTANCY, OR AN EQUIVALENT EXAMINATION APPROVED BY THE BOARD.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 492 (Word version) -- Senators Sheheen, Hutto, Verdin and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "ANN S. PERDUE HEART PATIENT SAFETY ACT" SO AS TO ADD SECTION 44-7-285 TO PROVIDE THAT A HOSPITAL PROVIDING THERAPEUTIC HEART CATHETERIZATIONS MUST HAVE A CARDIOLOGIST ON SITE AT ALL TIMES; TO ADD SECTION 44-7-295 SO AS TO PROVIDE THAT A HOSPITAL PROVIDING THERAPEUTIC HEART CATHETERIZATIONS MAY ONLY DIRECTLY EMPLOY NURSING PERSONNEL AND THAT BY JANUARY 1, 2009, THESE HOSPITALS MAY NOT EMPLOY CONTRACT NURSING PERSONNEL; TO ADD SECTION 44-7-730 SO AS TO PROVIDE THAT IF A PERSON DIES IN A HOSPITAL, THE HOSPITAL MUST OFFER IN WRITING TO THE PATIENT'S FAMILY THE RIGHT TO HAVE AN AUTOPSY PERFORMED AND IF THE FAMILY ELECTS TO HAVE THE AUTOPSY PERFORMED, IT MUST BE PERFORMED BY A PATHOLOGIST WHO IS NOT AFFILIATED WITH THE HOSPITAL; AND TO AMEND SECTION 17-5-530, RELATING TO CIRCUMSTANCES REQUIRING THE CORONER OR MEDICAL EXAMINER TO BE NOTIFIED OF CERTAIN DEATHS, SO AS TO REQUIRE SUCH NOTIFICATION WHEN A PERSON DIES IN A HEALTH CARE FACILITY WITHIN TWENTY FOUR HOURS OF HAVING AN INVASIVE PROCEDURE PERFORMED.
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S. 494 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 64 FROM THE INTERSECTION OF HIGHWAYS 64 AND 17 TO THE INTERSECTION OF HIGHWAYS 64 AND 17A, FROM JACKSONBORO TO WALTERBORO, IN HONOR OF ANNIE MAE KINSEY, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION CONTAINING THE WORDS "ANNIE MAE KINSEY HIGHWAY".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3097 (Word version) -- Reps. Rice, Walker, G. R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens, D. C. Smith, Bedingfield, Bales and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, PROVIDE REQUIREMENTS FOR THE VIRTUAL SCHOOL PROGRAM, PROVIDE FOR COURSES OFFERED FOR CERTAIN CREDIT, PROVIDE FOR THE VIRTUAL SCHOOL PROGRAM'S TEACHERS, PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS, PROVIDE FOR A STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, AND PROVIDE FOR AN ON-LINE PROGRAM IN A CHARTER SCHOOL; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN THE CHARTER SCHOOL APPLICATION IF A CHARTER SCHOOL OFFERS A PROGRAM OF ON-LINE INSTRUCTION AND PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS.

Read the first time and referred to the Committee on Education.

H. 3135 (Word version) -- Reps. J. E. Smith, Funderburk and Cotty: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO DEVELOP A STATEWIDE COMPREHENSIVE SERVICE DELIVERY SYSTEM FOR PERSONS WITH EPILEPSY IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE STUDY COMMITTEE.

Read the first time and referred to the Committee on Medical Affairs.

H. 3310 (Word version) -- Reps. M. A. Pitts, Duncan, Gambrell, Herbkersman, Sandifer, Whipper, White, Bedingfield, Weeks, Owens, Rice, Vick and Scarborough: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO ALLOW A PERSON TO CARRY A HANDGUN ON HIS PERSON IN A VEHICLE IF HE HAS A VALID CONCEALED WEAPON PERMIT.

Read the first time and referred to the Committee on Judiciary.

H. 3558 (Word version) -- Reps. Lowe, Williams, Branham and Alexander: A BILL TO PROVIDE THAT THE TERMS OF OFFICE OF ELECTED MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR IS INCREASED FROM THREE TO FOUR YEARS FOR ALL TRUSTEES ELECTED BEGINNING WITH ELECTIONS HELD ON AND AFTER 2007.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3564 (Word version) -- Reps. Davenport, Walker, Anthony, Kelly, Littlejohn, Mahaffey, Mitchell, W. D. Smith and Talley: A BILL TO CREATE THE SPARTANBURG COUNTY BOARD OF ELECTIONS AND REGISTRATION, TO PROVIDE THAT THE CURRENT MEMBERS OF THE SPARTANBURG COUNTY ELECTION COMMISSION AND THE SPARTANBURG COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING BODY OF THE NEW SPARTANBURG COUNTY BOARD OF ELECTIONS AND REGISTRATION UNTIL THE MEMBERS OF THE NEW BOARD ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD EXPIRES, TO PROVIDE FOR THE COMPOSITION OF THE BOARD, AND TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR SPARTANBURG COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE SPARTANBURG COUNTY BOARD OF ELECTIONS AND REGISTRATION.

Read the first time and ordered placed on the Local and Uncontested Calendar.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 235 (Word version) -- Senators Hayes and Thomas: A BILL TO AMEND SECTIONS 34-26-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE SOUTH CAROLINA CREDIT UNION ACT, SO AS TO REVISE THE DEFINITIONS OF "DEPOSIT ACCOUNT" AND "SHARE ACCOUNT"; 34-26-350, RELATING TO THE PRINCIPAL PLACE OF BUSINESS OF A CREDIT UNION, SO AS TO CLARIFY THAT THE CREDIT UNION MAY ESTABLISH AND CLOSE BRANCHES WITH THE APPROVAL OF THE BOARD OF FINANCIAL INSTITUTIONS; 34-26-420, RELATING TO POWERS INCIDENTAL TO THE PURPOSE OF CREDIT UNIONS, SO AS TO PROVIDE THAT THE POWERS GRANTED BY STATE LAW OR REGULATION TO A STATE-CHARTERED CREDIT UNION NOT EXCEEDING THOSE FOR A FEDERALLY-INSURED FINANCIAL INSTITUTION; 34-26-500, AS AMENDED, RELATING TO THE REQUIREMENTS OF MEMBERSHIP OF A CREDIT UNION, SO AS TO DELETE THE PROVISION THAT A CREDIT UNION PRESENTLY DOES NOT HAVE A CREDIT UNION SERVICE AVAILABLE, AND PROVIDE THAT THE BOARD APPROVAL IS NOT NECESSARY TO ADD GROUPS WITH NOT MORE THAN TWO HUNDRED FIFTY POTENTIAL MEMBERS INSTEAD OF ONE HUNDRED; 34-26-605, RELATING TO THE BOARD OF A CREDIT UNION, SO AS TO PROVIDE THAT THE BYLAWS MAY OFFER THE OPTION OF USING LOAN OFFICERS INSTEAD OF A CREDIT COMMITTEE; 34-26-750, RELATING TO THE OWNERSHIP INTERESTS IN SHARE ACCOUNTS, SO AS TO REQUIRE THAT CREDIT UNION BYLAWS MUST ESTABLISH MEMBERSHIP AND MEMBER'S RIGHT TO VOTE, OBTAIN LOANS, OR HOLD OFFICE; AND 34-26-860, AS AMENDED, RELATING TO THE LIMITATION ON THE SIZE OF LOAN SECURED BY REAL ESTATE, SO AS TO PROVIDE THAT LOAN TERMS FOR RESIDENTIAL DWELLINGS MAY NOT EXCEED FORTY INSTEAD OF THIRTY YEARS, AND TO PROVIDE THAT LOANS FOR CERTIFIED APPRAISALS MUST BE THE SAME AS FOR STATE-CHARTERED BANKS.

S. 75 (Word version) -- Senators Ryberg, Bryant and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-4-110 TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS.

S. 268 (Word version) -- Senators Alexander and Martin: A BILL TO AMEND SECTIONS 33-56-30 AND 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND ORGANIZATIONS EXEMPT FROM REGISTRATION PURSUANT TO THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO ALLOW CHARITABLE ORGANIZATIONS TO FILE THEIR ANNUAL REGISTRATION ON THE SAME DATE THAT FINANCIAL REPORTS PURSUANT TO THE ACT MUST BE FILED AND TO EXEMPT FROM REGISTRATION PURSUANT TO THE ACT CHARITABLE ORGANIZATIONS THAT DO NOT INTEND TO SOLICIT OR RECEIVE IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR WHETHER OR NOT THE FUNDRAISING ACTIVITIES ARE CONDUCTED BY PROFESSIONAL SOLICITORS, PROFESSIONAL FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS.

READ THE THIRD TIME, ENROLLED FOR RATIFICATION

H. 3063 (Word version) -- Reps. Delleney, Harrison, Simrill, Taylor, Davenport, Sandifer, Barfield, Owens, E.H. Pitts, Rice, Walker, Toole, Viers, M.A. Pitts, Vick, Littlejohn, Mahaffey, Haskins, Young, G.R. Smith, Shoopman, Witherspoon, Umphlett, Bedingfield, Cotty, Bingham, Mulvaney and Ballentine: A BILL TO RATIFY AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15 SO AS TO PROVIDE THAT MARRIAGE BETWEEN ONE MAN AND ONE WOMAN IS THE ONLY LAWFUL DOMESTIC UNION THAT IS VALID OR RECOGNIZED IN THIS STATE AND TO PROVIDE THAT THE STATE OR ITS POLITICAL SUBDIVISIONS MAY NOT CREATE ANY OTHER DOMESTIC UNION AND MAY NOT RECOGNIZE A DOMESTIC UNION CREATED BY ANOTHER JURISDICTION.

Senator MARTIN spoke on the Bill.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

The Bill was read the third time and ordered enrolled for Ratification.

SECOND READING BILL

The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:

H. 3492 (Word version) -- Rep. Anthony: A BILL TO REPEAL SECTION 12 OF ACT 79 OF 1955 AND SECTION 1 OF ACT 301 OF 1971, BOTH PREVIOUSLY CODIFIED AS PART OF SECTION 21-4172, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE OPERATION OF THE SCHOOL DISTRICT OF UNION COUNTY AND THE DETERMINATION OF THE RECOMMENDATIONS OF ITS BOARD OF TRUSTEES AND THE PROHIBITION OF CLOSING A HIGH SCHOOL IN UNION COUNTY WITHOUT A UNANIMOUS VOTE OF ITS TRUSTEES.

Senator SHORT asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 2; Nays 1

AYES

Ritchie (26.86) Short (39.85)

Total--2 (66.71)

NAYS

Peeler (33.29)

Total--1 (33.29)

By a weighted vote of 59.11 to 40.92, the Bill was read the second time, passed and ordered to a third reading.

Senator PEELER spoke on the Bill.

H. 3492--Ordered to a Third Reading

On motion of Senator SHORT, H. 3492 was ordered to receive a third reading on Wednesday, February 28, 2007.

Recorded Vote

Senator PEELER desired to be recorded as voting against the motion to give the Bill a third reading on Wednesday, February 28, 2007.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to recede for the purpose of attending the Joint Assembly and, upon the conclusion of the Joint Assembly, the Senate would stand adjourned.

Committee to Escort

The PRESIDENT appointed Senators MATTHEWS, KNOTTS, LEVENTIS and HAYES to escort the Honorable Paul A. Morin, National Commander of the American Legion, and his party to the rostrum of the House of Representatives for the Joint Assembly.

RECESS

At 12:25 P.M., the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY

Address by the National Commander of the American Legion

At 12:30 P.M., the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of the following Concurrent Resolution adopted by both Houses:

The Honorable Paul A. Morin, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators MATTHEWS, KNOTTS, LEVENTIS and HAYES and Representatives Williams, Vick, Pinson, Hagood and Hinson.

The PRESIDENT of the Senate introduced the Honorable Paul A. Morin, National Commander of the American Legion.

Commander Morin addressed the Joint Assembly.

The purposes of the Joint Assembly having been accomplished, the President declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:48 P.M., the Senate reconvened.

By prior motion of Senator McCONNELL, the Senate stood adjourned.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Cherokee County Delegation, the following appointments were confirmed in open session:

Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010